Kokan Kinara Co-Operative Housing Society Ltd, Through Nandkumar Chandrakant Parab And ORS v. M/S. Tania Builders And Developers, Through Owner Shri. Peter P. Fernandes And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2613 OF 2013 Kokan Kinara Cooperative Housing Society Ltd. and ors.

...Petitioners.

Vs.

M/s. Tania Builders and Developers and ors.

...Respondents.

Mr. Sandeep Mishra for the Petitioners.

Mr Ashutosh R. Gole for Respondent Nos.1 to 5. Ms V.S. Nimbalkar,AGP for Respondent No.6/ State.

CORAM

:

N.R. BORKAR, J.

DATE :

14.07.2023.

P.C. :

1.

The learned counsel for the petitioners, on instructions, seeks leave to withdraw the present petition with liberty to fle fresh application under Section 11(3) of the Maharashtra Ownership Flats, (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

2.

Leave as sought is granted. The Petition is disposed of as withdrawn with liberty as sought for.

3.

If such application is fled, the competent authority shall decide the same on its own merits without being infuenced by the order impugned.

[N.R.BORKAR, J.] Dinesh S. Sherla 1/1